Declaration of Restrictions

RAMROD INVESTMENTS, INC., A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, BY: RICHARD B. JAFFE, PRESIDENT.

DECLARATION OF RESTRICTIONS - Dated: December 30, 1959; Filed: December 30, 1959; Clerk’s File No. 77006; Recorded in Official Record 172, Pages 69-73.

TO WHOM CONCERNED:

KNOW ALL MEN BY THESE PRESENTS, that RAMROD INVESTMENTS, INC., a corporation organized and existing under the laws of the State of Florida, the owner in fee simple of the following described land, situate, lying and being in the County of Monroe, State of Florida, to-wit:

BREEZESWEPT BEACH ESTATES, a subdivision located on Ramrod Key, Monroe County, Florida, and recorded in Plat Book 4, at Page 143 (on two sheets) of Monroe County, Florida, Official Records.

EXCEPTING ALL OF BLOCK NUMBER I THEREOF.

HEREBY MAKE the following declarations as to limitation, restrictions, and uses to which the said land above described may not be put, herewith specifying that said declarations shall constitute covenants to run with the land as provided by law, and persons hereafter acquiring any right, title, or interest in, and to the land above described, or any part thereof, this declaration being for the benefit of and in limitation upon all future owners of land, keeping the said lands desirable, uniform, and suitable for the uses and purposes as herein specified, that is to say:

The use of said property is strictly limited to single family residential purposes. No businesses or professions may be conducted or practiced on the said property.

No buildings of any kind whatsoever, shall be constructed upon said property except a single family residence of not more than 2 stories in height, a private garage, and other out buildings incidental to residential use of the property.

No residence or outbuildings shall be erected or permitted on said property unless they are of new wood frame or of masonry constructions, and all buildings or structures shall be bonded to bedrock. Construction and workmanship shall conform to the Southern Standard Building Code. All materials used in the construction of any building on this property must be new, and no shoddy or used materials may be utilized. The minimum ground floor space of the main structure erected on said property shall not be less than 600 square feet for a one or one and one-half story residence and not less than 500 square feet for a two story residence. For purpose of computation 50 percent of ground floor enclosed spaces may be included providing credit for such space does not exceed 100 square feet.

Building or structures of any kind shall be erected no closer than 15 feet to the front (street) lot line, nor closer than 7 feet to any side lot line, or closer than 15 feet to any rear lot line, EXCEPT that a detached garage or other outbuilding incidental to residential use of the property may be erected no closer that 5 feet to a side lot line.

Seawalls or bulkhead may not extend beyond the property line of any lot. No structures of any kind may project into a canal. Boat houses, if constructed, must be wholly within the property lines and must conform to side line setbacks as given in paragraph 4 of these restrictions, EXCEPT that they may be constructed within 5 feet of the rear lot line.

All sanitary facilities must meet the standards set by the Florida State Board of Health and be approved by the Florida State Board of Health, EXCEPT that no cesspools shall be constructed or allowed on said property. All sewage disposal must be by means of septic tanks or a central system or plant.

No house trailer may be parked upon the said property, nor used as living quarters, thereon.

No animals, livestock, poultry or insects may be raised, bred, or kept on said property, EXCEPT that house pets may be kept, provided they are not maintained for commercial purposes.

No sign of any kind shall be displayed to the public view on any lot, EXCEPT one sign of not over 4 square feet advertising the property for sale, or signs used by a builder to advertise the property during the course of construction only.

No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All containers or other equipment used for the storage or disposal of rubbish, trash, garbage or waste shall be kept and maintained in a clean and sanitary condition.

All lots shall be kept free and clear of all brush, weeds, lobster traps, nets and other objectionable growths and shall be kept clear and free of all rubbish and other objectionable accumulations which may create a fire hazard, cause the breeding of insects, or create an unsanitary or unsightly condition, and failure to correct any such condition within 15 days after written notice to do so from any owner of land subject to these restrictions shall constitute a breach of this restriction.

The above conditions, limitations and restrictions shall be considered as covenants running with the land and may be enforced at any time during the life thereof by any person owning the land, or an interest therein, in BREEZESWEPT BEACH ESTATES, a subdivision aforesaid, and in the event of successful enforcement thereof in legal proceedings as against the owner or owners herein, his, her, or their heirs, legal representatives or assigns, such owner or owners agree for and on behalf of his, her or their heirs, legal representatives or assigns, to pay all court costs of such proceedings including a reasonable attorney’s fee for the person or persons so enforcing such conditions, limitations and restrictions.

Nothing herein contained shall operate to confer any right of re-entry or reverter in the event of the breach of such conditions, limitations or restrictions.

The conditions, limitations and restrictions as above set forth shall be binding upon the land subjected thereto until the 20th day of December, AD 1979, on which last mentioned date the same shall be automatically extended for an additional period of 10 years unless by written agreement of the ownership of a majority of the land subjected thereto at said time, it is agreed to change such conditions, limitations and restrictions in whole or in part. And thereafter the same shall be subject to automatic extension for successive periods of 10 years, subject to the same provisions as to termination.

To obtain a copy of Declaration of Restrictions for the Breezeswept Development, go to the County Clerk’s Office - Records #172, pages 69 -73. #77006